What remains of the Magna Carta?

The Magna Carta is a landmark in British history and human rights law. June 2015 marked the 800th anniversary. The British Library ran an exhibition from 13th March until 1st September to celebrate the occasion. The exhibition was entitled:

Magna Carta: Law, Liberty, Legacy.

This medieval document has been cited in legal arguments both in Britain and abroad throughout the centuries. According to Lord Denning, it came to be seen as a guarantee of

"the freedom of the individual against

the arbitrary authority of the despot." 

The word "freedom" does not even appear in the text. Lord Bingham stated that

"the significance of the Magna Carta lay not only in what it actually said,

but in what later generations claimed and believed it had said."

I visited the busy exhibition on two occasions. On the first visit, I watched the videos and studied the various exhibits in the cases. On my second visit, I took more time and followed the detailed audio guide.

Medieval documents preserved under glass and in dark

Just three of the Magna Carta's original clauses survive in the law of England and Wales today. The best-known section was prominently displayed at the exhibition's entrance.

"No free man shall be seized or imprisoned, 
or stripped of his rights or possessions, 
or outlawed or exiled, or deprived of his standing in any way, 
nor will we proceed with force against him, or send others to do so, 
except by the lawful judgment of his equals or by the law of the land."

The above seem basic human rights to us today. And yet, there are still countries in the world where these human rights are abused 800 years later. I can't help wondering about the application of the last part even in Britain today:

"To no one will we sell, to no one deny or delay right or justice."

The following issues come to mind: court and tribunal delays (particularly for the disabled), access to interpreters, legal aid reductions for the poor while the wealthy can pay clever lawyers to stay out of court and keep their names out of the Media, money-making and arbitrary parking fines where no offence has been committed, etc.

No one above the law

Significantly, the Magna Carta placed the king under some legal restraint. King John was a notorious tyrant. The Magna Carta established that no one is above the law. Today that means that the monarch, the Royal Family, the Prime Minister, MPs, hereditary or life peers, security services, local government officials, the wealthy, celebrities, judges, barristers or lawyers are not above the law. Attempts are currently being made to correct past injustices, particularly those relating to child abuse. Sometimes the innocent have been caught up in the new wave of transparency.

Remaining clauses
The 2015 issue of the Magna Carta contained 63 clauses. The 1297 version under Edward 1 had just 37 clauses. I particularly liked the visual way the exhibition showed the deletions over time. Clause 1 still remains today. It relates to the liberties of the English Church. Clause 9 confirms the liberties and customs of the city of London, and other towns and cities.

Visual explaining deletions in the document clauses

Technology

The exhibition drew out well what the Magna Carta signified in following centuries. The charters appeared at the very end. One copy had been badly damaged by a fire. Advances in technology now mean that we can see the text more clearly again. Maybe this is also symbolic of how intrusive as well as beneficial technology can be in our lives? More can be seen of our lives than ever before. Does that restrict our freedom? Or enhance it?

Cornelia Parker's Magna Carta Embroidery

Wikipedia Embroidery

The British Library also commissioned an embroidery to commemorate the Magna Carta anniversary. It echoes the Bayeux Tapestry with embroidered contributions from over 200 people. In a contemporary twist by Cornelia Parker, the artwork captures the Magna Carta's Wikipedia article as it appeared online one year earlier.

An opportunity for the general public to interact at the end would have been great. Posting human rights suggestions could have brought the exhibition right up-to-date.

Although little remains of the Magna Carta's text in law today, it provided the foundation for many other such documents. Its influence and spirit endures.


For further information about Anglicity's translation and copywriting services, please email karen@anglicity.com

Your Right to Know

At the Guardian's Masterclass on Investigative Journalism, Helen Darbishire of Access Info gave a fascinating talk on our right of access to information. Her presentation was entitled Your Right to Know: Legal Leaks. This is a topical subject in Britain. 2015 marks the 800th anniversary of the Magna Carta. There is also much discussion about a British bill of rights.

Following a brief history, Helen explained that Freedom of Expression includes the Right of Access to Information (UN Human Rights Committee, Article 19, 27 July 2011). Such information includes records held by a public body, regardless of the form in which the information is stored, its source and date of publication (e.g. even an official's handwritten notes). 

There are two obligations:

i) Reactive - obligation to respond to FOI requests

ii) Proactive - obligation to publish information.

Helen gave the audience ten top tips to follow in pursuing FOI requests

·      TIP 1

            It might be public already!

·      TIP 2

            Set prejudice aside

            (Don't assume that you will never get the desired information).

·      TIP 3

            Know your right/law

·      TIP 4

            Keep a record of your requests. Set an alarm.

            European FOI time frames vary

            Best in class: Estonia, Iceland & Sweden at 5 days

            Worst in class: Austria at 42 days

            United Kingdom: 20 days

·      TIP 5

            Think laterally

·      TIP 6

            Go public with your request

            A request is a story. Campaign for an answer.

·      TIP 7

            Be prepared for the answer

            Have experts on standby to help you analyse the data on receipt.

·      TIP 8

            Anticipate exceptions

           Send separate requests. Don't be too obvious in what you are after.

           Cross-referencing information can fill in blanks.

·      TIP 9

            Appeal, Appeal, Appeal

            Know the deadlines. Ask for an expert. Cultivate pro bono lawyers.

·      TIP 10

            A refusal is a story to publish

·      BONUS TIP

            It's your right: use it or lose it!

Karen Andrews runs Anglicity Ltd. She is an entrepreneurial French to English translator, editor, content writer and marketing consultant. Contact karen@anglicity.com for further information on Anglicity's services.

 

Guardian Masterclass on Investigative Journalism

Wikileaks, CIA secret flights, Qatar World Cup, Prince Charles's "black spider" memos, social housing scandals, chicken and horsemeat scandals, Serco, HSBC... The list reads like a summary of some of the best investigative journalism of recent years. Attendees at July's Guardian Masterclass were treated to inspiring guidance from the reporters behind these prominent news stories.

The four experts sharing their experiences of investigative reporting were none other than:

David Leigh, Investigations Executive Editor, The Guardian & City University

Felicity Lawrence, Special Correspondent & Investigative Reporter, The Guardian

RobertBooth, Senior Reporter, The Guardian

HelenDarbishire, Executive Director, Access Info Europe

The audience was a mixture of aspiring and working journalists - as well the curious from a variety of backgrounds.

Basic reporting skills

Robert Booth began the day with a presentation on the basics. He described how various sources built the Prince Charles stories. An initial investigation can turn into a much bigger story - e.g. a migrant worker abuse story moved ever closer to the Qatar World Cup organising committee. Relatively little of weeks or months of work finds its way into the eventual story.

" Investigative journalism can be arduous,

but it creates some of the best reports"

Dogged determination

Felicity Lawrence's investigations have largely focused on food production. She described the dogged determination required to pursue a story against the politics of food, big brands, powerful lawyers and transnational companies. The latter can be more powerful than a State in the modern world.

Felicity described how to work with confidential sources and whistle-blowers. She stressed the importance of going to the companies concerned and asking questions in an appropriate manner. She prefers to make an initial contact by phone and then follow up with her questions in an email.  Felicity described her approach as working within her personality, i.e. not aggressive.

Legal threats

If the company decides to employ a top legal firm to warn you off the story, you know you are "on to something". Twelve-page legal letter? Time for high-fives.

Personal safety

Both Felicity and Robert emphasised the importance of having colleagues to share difficulties with. In Felicity's case, working with a team provided some protection when the story revealed organised crime.

"Great merit in being a middle-aged woman with grey hair.

When you walk in, no-one sees you"

Felicity stressed the strength of video in modern journalism and the role of undercover filming in the chicken news stories. The downside is that there is no room for nuance, subtleties or the denials required legally. Some people clam up on video. Others even find being confronted by a notebook intimidating. A combination of reporting methods is the ideal mix.

After Felicity's tales of dirty chicken, it was a relief to discover that the Guardian canteen had a fish and vegetarian menu. The canteen has a great view of the somewhat aptly named Battlebridge Basin.

Guardian Canteen overlooks the canal and Battlebridge Basin

Freedom of Information

After lunch, Helen Darbishire gave a presentation entitled Your Right to Know: Legal Leaks. She is based in Spain, the country with the most recent Freedom of Information Act of 10 December 2014. From her historical presentation, it rather seemed that the UK is endeavouring to buck the trend for greater access.

Helen provided a wealth of information that could form its own entirely separate blog. She stressed how Freedom of Expression includes the Right of Access to Information. Her ten tips on how to request information and success stories should encourage all attendees to launch their own FOI requests in future. As she said in her final tip:

It’s your right: 
use it or lose it!

"The Enemies"

David Leigh's presentation Enemies of Investigative Journalism was the highlight at the end of a fascinating day. He described how 50% of the energy in any news story has to go into getting the story out and published.

Who are these alleged enemies? 

1. The journalists' own bosses who may not want to "tweak the cat's tail at this difficult time".

2. A subset of the intelligence services - especially if the story touches on their own activities as in the case of Snowden.

3. The Law - there are all sorts of legal hurdles. Top lawyers are paid to intimidate investigative journalists on behalf of high profile individuals. (There is no such protection for ordinary people). 

David carefully and dramatically uncovered these alleged enemies using the wording of the legal firms' own websites.

Libel

Libel law has journalists treading on eggshells. A libel case can cripple an NGO. A case is expensive whether you win or lose. An apology can be exacted for a trivial mistake, even if there is substantial evidence that a company has been "up to no good".

UK legal fees

A University of Oxford academic study compared legal fees for defamation proceedings across Europe. Fees in the UK under a conditional fee agreement are 140 times more costly than the average cost of the other countries (Source: International Bar Association). David explained The Reynolds Defence. The new UK Defamation Act of 2014 has reduced libel tourism.

The traditional newspaper business model is difficult to fund in the internet age. People want to save investigative journalism for the Nation. A story rarely ends well for a whistle-blower. Massive data leaks cannot be prevented. They will happen over and over again in the future.

Cross-border collaboration brings success today in investigative journalism.

"Rich and victorious time for investigative journalism"

I came away from the Guardian Masterclass inspired and full of admiration for the reporters who pursue news stories so doggedly. Investigative journalism and freedom of information make a difference in our world. The small organisation and "the little guy" stand a much better chance of being heard thanks to professional investigative reporters.

Karen Andrews runs
Anglicity Ltd. She is
an entrepreneurial
French to English
translator, editor,
content writer and
marketing consultant. 

Contact karen@anglicity.com 
for further information 
on Anglicity's services.